First DUI question

[J_H]

What is the name of your state? WY
What are the rules regarding how far an officer can follow you before pulling you over if he does think you have been drinking and driving? I am asking this because a friend of mine was pulled over in his driveway and confronted after he got out of the car. The officer said he touched the yellow line and that was close to 2 miles before he got home. The officer followed him through three stop signs and two light intersections and then follwed him home before asking him to take the field sobriety tests. When he did take them he passed them all, then the officer asked him to take a breathalyzer, which he failed so the officer took him to jail. Prior to taking him to jail, the officer mentioned that he was on a list of drivers that has been made up by the county from calls into dispatch from concerned citizens about drunk drivers. The officer also told him that he needed to prove a point because he thought the driver had a drinking problem. Is this considered profiling? Is there anything we can do to prepare for this? He is talking with a lawyer, but I wanted some more advice for him.

 

[BigMistakeFl]

I don't think you have a case regarding profiling, race based profiling is just possible in some parts. But drunks being pulled over for suspicion of DUI is not profiling, it's called "probable cause". Most civilians would agree that there needs to be more profiling to get drunk drivers off the roads.

Maybe a cop can come on here with better information than I can offer, but as far as I know, a cop can follow you to the ends of the earth if he wants to and still have every right to bust you for DUI. In short, if you drive after drinking anything at all, you risk both DUI arrest and your life and the lives of others.

Your friend is scared, and rightly so. He should do lots of research, and if the BAC was over the limit, should face the music. Sooner the better for his own sake, trust me on this. Delaying only delays the aggravation. He gets a free consultation with a lawyer, but remember: Lawyer will probably want to take the case and a big fat check even if the case is not win-able. After all, he gets to keep the check even if your friend loses. Unless he's truly innocent, don't waste time and money. If your state requires a DUI course, take that right away and get the evaluation. Knowledge and clarity are very rewarding.

 

[Curt581]

What is the name of your state? WY
What are the rules regarding how far an officer can follow you before pulling you over if he does think you have been drinking and driving?

There aren't any. We can follow you as long as we want. We get to pick the time and place that we stop you.

I am asking this because a friend of mine was pulled over in his driveway and confronted after he got out of the car. The officer said he touched the yellow line and that was close to 2 miles before he got home. The officer followed him through three stop signs and two light intersections and then follwed him home before asking him to take the field sobriety tests. When he did take them he passed them all,

Are you sure about that, or is that just what your friend thinks? Most people don't know what the cops are looking for during field tests. Field sobriety tests are "divided attention tests", because they require that the person do two or more things at one time. If they do only one, they fail, but could still think they passed.

then the officer asked him to take a breathalyzer, which he failed so the officer took him to jail. Prior to taking him to jail, the officer mentioned that he was on a list of drivers that has been made up by the county from calls into dispatch from concerned citizens about drunk drivers.

Meaning that this isn't the first time they've gotten complaints about his driving.

The officer also told him that he needed to prove a point because he thought the driver had a drinking problem. Is this considered profiling?

Yes. It's considered "Drunk Profiling". I do it all the time. And it's perfectly legal.

Is there anything we can do to prepare for this? He is talking with a lawyer, but I wanted some more advice for him.

Give him this advise: Bust open the piggy bank, cuz this is gonna cost him big time. Mostly from attorney fees.